Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, has filed an amicus curiae brief on behalf of the Association of Corporate Counsel supporting the petition for writ of certiorari in Schoenefeld v. Schneiderman, No. 16-780. The certiorari petition requests the U.S. Supreme Court to review the constitutionality of New York Judiciary Law § 470.
In March 2015 the New York Court of Appeals, on certification from the U.S. Court of Appeals for the Second Circuit, interpreted that 19th-Century statute to require tens of thousands of out-of-state members of the New York Bar — but not resident New York Bar members — to maintain a “physical law office” within New York in order to advise or represent clients there. The amicus brief explains that § 470 is out-of-step with the technological advances that help define the modern practice of law. The brief urges the Supreme Court to grant review and decide whether § 470, contrary to a Second Circuit split-panel decision, violates the U.S. Constitution’s Privileges and Immunities Clause because it unjustifiably discriminates against nonresident attorneys.
To read the amicus brief, please click here.